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DARR v. N.L.R.B.

No. 85-1499.

801 F.2d 1404 (1986)

Marie E. DARR, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Cone Mills Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided September 26, 1986.

As Amended October 2, 1986.

Attorney(s) appearing for the Case

David M. Silberman, with whom Arthur M. Goldberg, Laurence Gold, Robert M. Weinberg and Mark D. Schneider, Washington, D.C., were on brief, for petitioner.

Judith Ann Dowd, Atty., N.L.R.B., of the Bar of the Com. of Va., Washington, D.C., pro hac vice by special leave of Court, for respondent. Elliott Moore, Deputy Associate Gen. Counsel and Daniel R. Pollitt, Atty., N.L.R.B., Washington, D.C., were on the brief, for respondent.

William R. McKibbon, Jr., Greenville, S.C., was on the brief, for intervenor, Cone Mills Corp.

Paul Alan Levy, Alan B. Morrison and Arthur L. Fox, II, Washington, D.C., were on brief, for amici curiae, Public Citizens and Teamsters for a Democratic Union, urging reversal.

Before GINSBURG, STARR and SILBERMAN, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Petitioner, Marie Darr, challenges a National Labor Relations Board decision to defer to an arbitrator's award denying her backpay as a remedy for an unlawful discharge. She argues that the arbitrator's findings establish that the discharge violated the National Labor Relations Act and that Board precedent requires a make-whole remedy. Because we find the Board's justification...

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